Hello everyone. I have just been notified that there are two collection accounts on my credit report from National Recovery Agency for a $74 balance for a Music service Club. The date opened is 04/2010 with a date of status of 07/2010. I have never not paid my bills, nor have I ever received any past-due letters.
The second one is for National Recovery Agency for $97 date opened 10/2009 which couldn't be true, and a date of status of 12/2009. It shows that the origional creditor is West Bay Acquistions of whom I have never heard of. If I owed them that would be a different story, and I would promptly pay them.
I have already disputed both of these items on my Experian report and it has come back both times that the information was verified on 11/2010 and remains unchanged.
Any suggestions on getting these removed since the bureau wont do it?? Thanks for your help.
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I would take a slightly different approach. DV letters are all well and good to send out, but dont really compel a response, and are limited to collection practices issues under the FDCPA, so dont directly relate to any credit reporting deletion issues under the FCRA. I take it that you are more concerend with CR deletion.
So y9u must use the FCRA;
I would start with the reporting by National Recov Agency (CA1), showing "Music Service Club" listed as their assigment orignal creditor, and then send a parallel letter to them, as CA2, as it involves their similar, but separate, CA reeporing based on "West Bay" as the OC.
I wll just throw out a suggested full-kitchen letter to you that you can modify for the details of each separate case, but I think gets accros my suggeted legal onslaught
Suggested lettter:
“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.
► (If sent to a debt collector, (CA), it might be beneficial to also include the blurb:
► This is a direct dispute of credit reporting. This is not a request for debt
validation/verification under FDCPA §809(b).
(don’t let them just simply sluff it off as a meaningless DV letter)
“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes:
“Identification of the specific information being disputed:
(specify the account number, and the specific information that is disputed under
that identifying account)
“Basis for the dispute:
(how the reporting was inaccurate; was any reporting in violation of any statutory or
regulatory provisions? account or express agreements? CRA reporting gudelines?)
“Supporting documentation:
(all documents that support your dispute; make sure to include,
as part of your documentation, at least a copy of the portion only of your
recent credit report showing their reporting of the disputed information was
actually reported to your credit flle. The implementing rule requires showing
that it appeared in your credit report)
“Under the provisions of FCRA §623(a)(8)(E) and 16 CFR §660.4,, you have the duty to review all of the information I have provided to you, to complete your investigation of this Direct Dispute within 30-days of my Notice of Direct Dispute, and report back to me the results of your investigation within 5-days of your completion of your investtigtion.”
“Should you find the disputed information to be inaccurate or incomplete, or you cannot verify the accuracy or completeness of the disputed information, you are required, under FCRA 623(b)(1)(E), to promptly notify the credit reporting agencies of deletion of this information from my credit file.”
"As part of this dispute, I must point out that my ability to dispute has been compromised by your failirure to comply with the provisions of FDCPA 809(a).
"Upon recent review of my credit report, it came to my attention that you had posted, as a debt collector, a collectiion account to my credit file,.with a date opened of (XX/XX/XXX). That posting by you to a credit reporting agency constituted, under numerous ruliings of the Federal Trade Commission, as an "initial communication with a consumer" under the provisions of FDCPA 809(a),. thus triggering your requirement. under FDCPA 809(a), to have provided me a written collection ("dunning") notice within 5 days of such activity. You are thus is violation of collection notice requirement under FDCPA 809(a), which requried you to have provided me, at the minimum, at least the name of the alleged original creditor, the amount of the asserted debt, and my full advisement of the procedure for obataining verfication of this alleged debt, all within five days or your intial communication to a credit reporting agency.
"Formal complaint to the Federal Trade Comission (FTC) is thus now a contemplated action on my part.
"I thus additionally request, under the provisions of FDCPA 809(b), that you provide me. as an aside from an credit reporting issues discussed above, full verification of the debt. Until such time as debt verfiaction is provided, I advise that any further collection activivities on your part are specificallly precluded under FDCP 809(b)."
PS: I strongly suggest that, when sending them this letter, you do not make any reference to your earlier disptue with the CRA.. They may use that as a basis for dismissing your dispute as frivolous or irrelevant as merely being duplicative of a prior dispute.
Starting Score: EQ 729, TU 752, EX ? (1/1/2011)